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ALSOBROOK v. ALVARADO, 10-22183-CIV-KING. (2014)

Court: District Court, N.D. Florida Number: infdco20141023n90 Visitors: 16
Filed: Oct. 24, 2014
Latest Update: Oct. 24, 2014
Summary: ORDER DENYING MOTIONS IN LIMINE JAMES LAWRENCE KING, District Judge. THIS MATTER comes before the Court upon Defendants' Motion in Limine to Limit Testimony of Plaintiff's Expert Witness, Dr. Marc F. Stern (DE 185) and Plaintiff's Motion in Limine (DE 186), both of which were filed on June 6, 2014. 1 Defendants seek an order of this Court precluding Plaintiff from introducing the testimony of its expert witness, Dr. Marc F. Stern. Upon consideration, the Court finds Dr. Stem's expert testi
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ORDER DENYING MOTIONS IN LIMINE

JAMES LAWRENCE KING, District Judge.

THIS MATTER comes before the Court upon Defendants' Motion in Limine to Limit Testimony of Plaintiff's Expert Witness, Dr. Marc F. Stern (DE 185) and Plaintiff's Motion in Limine (DE 186), both of which were filed on June 6, 2014.1

Defendants seek an order of this Court precluding Plaintiff from introducing the testimony of its expert witness, Dr. Marc F. Stern. Upon consideration, the Court finds Dr. Stem's expert testimony would comply with the requirements of Federal Rule of Evidence 702 and the Daubert standard for admissibility, and, accordingly, Defendants' requested relief is inappropriate. Defendants may challenge the sufficiency of the data upon which Dr. Stern based his expert report through cross-examination and argument to the jury.

Plaintiff seeks an order of this Court precluding Defendants from presenting: 1) any evidence relating to his prior felony convictions, 2) any evidence relating to the reason for which he was held "in close management and confinement," 3) any evidence related to his current and/or past gang affiliation, 4) any disciplinary reports related to his prior fights with other inmates, 5) a video of an attempted cell extraction of an inmate while one inmate in the cell is refusing to submit to handcuffs, and 6) his mental health records. In their response, Defendants stipulate that they will not seek to introduce evidence related to Plaintiff's prior felony convictions, evidence related to Plaintiff's incarceration in close management and confinement, or Plaintiff's gang affiliation, except as may be appropriate for impeachment purposes.2 Upon consideration, the Court finds it would be inappropriate to grant the relief requested in Plaintiff's motion.

Accordingly, it is therefore ORDERED, ADJUDGED, and DECREED that:

1. Defendants' Motion in Limine (DE 185) be, and the same is, hereby DENIED without prejudice to Defendants' ability to raise appropriate objections at the time the evidence is offered at trial. 2. Plaintiff's Motion in Limine (DE 186) be, and the same is, hereby DENIED without prejudice to Plaintiff's ability to raise appropriate objections at the time the evidence is offered at trial.

DONE AND ORDERED.

FootNotes


1. With respect to Defendants' motion, the Court has additionally considered Plaintiff's Response to Defendants' Motion in Limine to Exclude Testimony of Dr. Stern (DE 194), filed on June 23, 2014, and Defendants' Reply to Plaintiff's Response to Motion in Limine to Limit Testimony of Plaintiff's Expert Witness, Dr Marc F. Stern (DE 195), filed on June 30, 2014; with respect to Plaintiff's motion, the Court has additionally considered Defendants' Response to Plaintiff's Motion in Limine (DE 191), filed on June 20, 2014.
2. Accordingly, the motion is moot as to these types of evidence.
Source:  Leagle

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